Does Floyds 99 guarantee that there will be Captive Audience Facilities available in a franchisee's Protected Territory or Development Area?

to use and license others to use the Marks and Licensed Methods within or outside of the Protected Territory and, if applicable, the Development Area, in connection with the operation of Barbershops within "Captive Audience Facilities" which are defined as facilities where people are congregating for a primary purpose unrelated to the Barbershop business, creating significant foot traffic in the facility, including airports and other transportation hubs, hospitals, college campuses, convention centers, grocery stores, department stores, "big box" specialty retail centers, resorts and hotels and within office buildings. We and our affiliates reserve the right under the Franchise Agreement and Development Agreement to contract with Captive Audience Facilities to develop and operate Barbershops within the facilities and, if the contract includes such a location within your Protected Territory or Development Area, as the case may be, we will contact you and give you the opportunity to develop and operate the Barbershop within the Captive Audience Facility, on terms and conditions agreed to by us in the contract. You must respond within fifteen (15) days of being notified of any opportunity at a Captive Audience Facility whether you want to develop the location and you must comply with the terms of the contract we have negotiated. If you elect not to do so, we or one of our affiliates or another franchisee will have the right to develop the location and you will have no further rights pertaining to the location during the term of the contract. As of the date of this Disclosure Document, we do not have any Captive Audience Facilities under contract and we cannot guaranty that we will have any in the future in your Protected Territory or Development Area; and

Source: Item 12 — TERRITORY (FDD pages 38–41)